S T A T E   O F   N E W   Y O R K
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                                  10442

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  recycling of plastic carryout bags and film plastic

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6  of  section  27-2701 of the environmental
conservation law, as added by chapter  641  of  the  laws  of  2008,  is
amended to read as follows:
  6. "Store" means a retail establishment that provides plastic carryout
bags  to  its customers as a result of the sale of a product and (a) has
over ten thousand square feet of retail space OR, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, HAS OVER FIVE  THOUSAND  SQUARE  FEET  OF
RETAIL  SPACE,  or  (b)  such  retail  establishment  is part of a chain
engaged in the same general field of business [which] THAT operates five
or more units of over five thousand square feet of retail space in  this
state  under  common ownership and management OR, IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, SUCH RETAIL ESTABLISHMENT IS  PART  OF  A
CHAIN  ENGAGED  IN THE SAME GENERAL FIELD OF BUSINESS THAT OPERATES FIVE
OR MORE UNITS IN SUCH CITY UNDER COMMON OWNERSHIP AND MANAGEMENT.
  S 2. Section 27-2713 of the environmental conservation law,  as  added
by chapter 641 of the laws of 2008, is amended to read as follows:
S 27-2713. Preemption.
  Jurisdiction  in all matters pertaining to plastic bag recycling is by
this article vested exclusively in the state, EXCEPT THAT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, AN AGENCY OR AGENCIES DESIGNATED BY
THE MAYOR OF SUCH CITY MAY ENFORCE SECTION 27-2703 AND SUBDIVISIONS ONE,
TWO AND FIVE OF SECTION 27-2705 OF THIS  TITLE.  Any  provision  of  any
local  law  or ordinance, or any rule or regulation promulgated thereto,
governing the recycling of plastic bags shall, upon the  effective  date
of  this  title, be preempted. Provided however, nothing in this section
shall preclude a person from coordinating for  recycling  or  reuse  the
collection of plastic bags.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16047-01-2
              

A. 10442                            2

  S  3.  Subdivision 1 of section 71-2728 of the environmental conserva-
tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
read as follows:
  1. Any person who knowingly or intentionally violates any provision of
or  fails to perform any duty imposed pursuant to title 27 of article 27
of this chapter shall [upon the first finding of  such  a  violation  be
provided with a warning that future violations shall result in the impo-
sition  of  a fine] BE LIABLE FOR A CIVIL PENALTY.  Any person convicted
of a [second] FIRST violation shall be liable for a civil penalty not to
exceed one hundred dollars.  ANY PERSON CONVICTED OF A SECOND  VIOLATION
SHALL  BE  LIABLE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS. Any person convicted of a third or subsequent  violation  shall
be liable for a civil penalty not to exceed five hundred dollars.
  S  4. Section 71-2728 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE, TWO OR  THREE  OF
THIS SECTION TO THE CONTRARY, IN A CITY WITH A POPULATION OF ONE MILLION
OR  MORE,  SECTION 27-2703 AND SUBDIVISIONS ONE, TWO AND FIVE OF SECTION
27-2705 OF THIS CHAPTER MAY ALSO BE ENFORCED BY AN  AGENCY  OR  AGENCIES
DESIGNATED  BY THE MAYOR OF SUCH CITY. ANY NOTICE OF VIOLATION ISSUED BY
AN AGENCY DESIGNATED BY THE MAYOR OF SUCH CITY CHARGING A  VIOLATION  OF
SECTION  27-2703  OR  SUBDIVISION ONE, TWO OR FIVE OF SECTION 27-2705 OF
THIS CHAPTER SHALL BE RETURNABLE TO THE ENVIRONMENTAL CONTROL  BOARD  OF
SUCH  CITY.  SUCH  ENVIRONMENTAL  CONTROL  BOARD SHALL HAVE THE POWER TO
IMPOSE  A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR THE  FIRST
VIOLATION,  NOT  TO  EXCEED  TWO  HUNDRED  FIFTY  DOLLARS FOR THE SECOND
VIOLATION AND NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A THIRD  OR  SUBSE-
QUENT  VIOLATION.  ALL  CIVIL  PENALTIES  COLLECTED FOR ANY VIOLATION OF
TITLE 27 OF ARTICLE 27 OF THIS CHAPTER THAT HAVE  BEEN  IMPOSED  BY  THE
ENVIRONMENTAL  CONTROL BOARD OF SUCH CITY SHALL BE PAID INTO THE GENERAL
FUND OF SUCH CITY.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.